Listerine False Label Suit Tossed; Federal Law Trumps Claims

Federal law preempts claims that Johnson & Johnson falsely represented that Listerine Total Care mouthwash restores tooth enamel, the Southern District of New York said Nov. 4 in tossing a proposed class suit (Bowling v. Johnson & Johnson, 2014 BL 311498, S.D.N.Y., 14-3727, 11/4/14).

Regulations under the federal Food, Drug and Cosmetic Act don’t prohibit the defendant from saying the mouthwash “restores enamel,” Judge Shira A. Scheindlin of the U.S. District Court for the Southern District of New York said.

Therefore, a state-law deceptive-label claim based on that representation is preempted because it would impose an obligation ...